Trademark renewal

A buyer of a branded business meets renewal when asking whether the registration is still alive. Section 46(1) is subject to any other provision of the Act. The Canadian Intellectual Property Office says you must pay a renewal fee every 10 years to maintain a registration. See searching the trademark and IP registers before buying a brand.

If the fee is missed

If the period expires and the fee is unpaid, the Registrar must send the registered owner a notice that the registration will be expunged unless the fee is paid within the prescribed period (s. 46(2)). If it is not paid, the Registrar expunges the registration, deemed expunged at the expiry of the last period (s. 46(3)). The prescribed period begins at least six months before expiry and ends no earlier than six months after it (s. 46(6)); s. 46(5) limits any extension of that period under s. 47.

What to ask

• When the mark was registered and when the next renewal falls due.
• Whether the register still shows the registration, using a trademark search.
• Whether the registered owner named on the register is the seller or a related company.